Purdy v. Estate of Purdy
Supreme Court of Vermont
Appeal from an order of the court of insolvency for the district of Manchester, allowing the claim of the plaintiff against the insolvent estate of John D. Purdy. Trial by jury at the June term, 1893, Thompson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The wife was not a competent witness. The statute of 1884 did not authorize suits between husband and wife, and can have no bearing on this question.
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Appeal from an order of the court of insolvency for the district of Manchester, allowing the claim of the plaintiff against the insolvent estate of John D. Purdy. Trial by jury at the June term, 1893, Thompson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The wife was not a competent witness. The statute of 1884 did not authorize suits between husband and wife, and can have no bearing on this question. Smith v. Gorman, 41 Me. 405 ; Libby v. Berry, 74 Me. 286; Barton v. Barton, 32 Md. 214; Wiley v. Hunter, 57 Vt. 486, and cases cited; Larabeev. Wood, 54 Vt. 452…
1Opinion of the CourtMunson, J.
The plaintiff, the wife of an insolvent debtor, seeks to have allowed against her husband’s estate in insolvency, a note given by him to her grandfather’s estate, and subsequently transferred to her. Her evidence tended to show that she received the note as heir-at-law of her grandfather in the distribution of his estate, and that her husband afterwards promised payment to her.
If the note of the plaintiff’s husband held by her grandfather’s estate was received by the plaintiff as a part of her inheritance, it thereby became her sole and separate property. The claim was as good against the…
2Cases cited3 opinions
- Willey v. HunterSupreme Court of Vermont · 1884
- Holdridge v. Holdridge's EstateSupreme Court of Vermont · 1881
- Spaulding v. Estate of WarnerSupreme Court of Vermont · 1879
3Cited by6 opinions
- Church's v. Church's EstateSupreme Court of Vermont · 1907
- Everett v. WingSupreme Court of Vermont · 1931
- Admr. of Leonard v. Exr. of LeonardSupreme Court of Vermont · 1895
- Atkins's Estate v. Atkins's EstateSupreme Court of Vermont · 1896
- Downs v. Downs' Exr.Supreme Court of Vermont · 1903
1 more not listed; retrieve them via the Exa API.